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EHRC Submits Final Code on Single‑Sex Services Based on Biological Sex to Minister

Ministers must decide whether to lay the unpublished guidance before Parliament for a 40‑day scrutiny period.

Overview

  • Bridget Phillipson is reviewing the Equality and Human Rights Commission’s code, which would be laid before Parliament for 40 days if she approves it.
  • The guidance reflects the Supreme Court’s For Women Scotland ruling by directing that single‑sex spaces be defined by biological sex and warning that mixing women with trans women as a single‑sex service could be unlawful sex discrimination or harassment.
  • The earlier draft—widely expected to be reflected in the final code—allows ID or birth‑certificate checks where there is “genuine concern” about biological sex and permits excluding trans people from competitive sport for safety or fair competition.
  • EHRC chair Baroness Kishwer Falkner said turning the ruling into workable policies will be difficult and advised organisations to seek independent legal advice rather than wait for publication.
  • Trans advocates and some MPs criticised the process as rushed, called for a Commons debate before any implementation, and noted the text remains unpublished after more than 50,000 consultation responses.